Indianapolis Construction Accident Lawyer
Indianapolis, IN construction accident lawyers committed to thorough preparation in every matter we handle.
If you have been injured on a construction site in Indianapolis, your recovery options may extend beyond the workers’ compensation system. Workers’ comp provides a baseline of coverage for medical expenses and partial wage replacement, but it does not account for pain and suffering, full lost income, or long-term diminished earning capacity. When a party other than your direct employer bears responsibility for the conditions that caused your injury, Indiana law permits a separate personal injury claim that is not subject to the limitations of workers’ compensation.
Ward & Ward Personal Injury Lawyers represents construction workers injured by unsafe conditions, defective equipment, and negligent site management. Our Indianapolis, IN construction accident lawyer has the trial experience needed to pursue full compensation from every responsible party. Contact us for a free consultation.
Construction Accident Lawyer Indianapolis
When does a construction injury become a personal injury case?
A construction accident becomes a personal injury claim when someone other than your direct employer bears responsibility for your injuries. That third party could be a general contractor who failed to enforce safety protocols, a subcontractor whose crew created a hazard, a property owner who allowed dangerous conditions to persist, or an equipment manufacturer whose product malfunctioned. OSHA construction standards exist specifically because the industry is among the most dangerous in the country.
A construction accident attorney in Indianapolis evaluates the facts of your case, identifies all liable third parties, and pursues a claim separate from or in addition to your workers’ compensation benefits. This is critical because a third-party injury claim allows you to recover damages that workers’ comp does not, including full lost wages, pain and suffering, and loss of future earning capacity.
Types of Construction Accident Cases We Handle in Indianapolis
Ward & Ward Personal Injury Lawyers represents construction workers injured across Indianapolis, IN, and throughout central Indiana. Construction sites present a concentration of hazards that few other work environments match. These are the most common types of cases we handle.
- Falls from heights. Falls are the leading cause of death in the construction industry. According to BLS workplace fatality data, falls consistently account for more construction deaths each year than any other single cause. Scaffolding without guardrails, unprotected floor openings, improperly secured ladders, and missing fall arrest systems are all common contributors.
- Struck-by accidents. Workers struck by falling tools, building materials, swinging crane loads, or vehicles on active job sites suffer some of the most severe injuries in construction. These cases often involve failures to establish exclusion zones, inadequate overhead protection, or improperly secured loads.
- Electrocution. Contact with overhead power lines, exposed wiring, and improperly grounded equipment kills construction workers every year. Electrocution cases frequently involve building code violations or the failure of a general contractor to coordinate work near energized systems.
- Caught-in or caught-between accidents. Workers pulled into unguarded machinery, crushed between equipment and structures, or buried in trench collapses face catastrophic or fatal injuries. Trench cave-ins in particular are almost always preventable with proper shoring and sloping.
- Crane accidents. Crane collapses, and load drops can injure or kill multiple workers in a single incident. Liability may extend to the crane operator, the rental company, the maintenance provider, and the manufacturer. These cases require a thorough investigation into inspection records, load calculations, and operator certification.
- Defective tools and equipment. Power tools, pneumatic nailers, saws, and heavy machinery that malfunction due to design or manufacturing defects cause serious injuries on Indianapolis job sites. Manufacturers who place defective products into the marketplace can be held strictly liable under Indiana law.
- Toxic exposure. Workers exposed to asbestos, silica dust, lead paint, and chemical solvents on construction sites may develop serious respiratory illness, cancer, or neurological damage. NIOSH research has identified construction as one of the highest-risk industries for occupational illness. These cases involve identifying the responsible parties and establishing the connection between exposure and disease.
- Scaffolding collapses. When scaffolding is improperly erected, overloaded, or assembled with defective components, the results can be catastrophic. Multiple workers may be injured in a single collapse, and liability often falls on the company responsible for erecting and inspecting the scaffold.
Why Choose Ward & Ward Personal Injury Lawyers for Construction Accident Cases in Indianapolis, IN?
Resources to Take On Complex Multi-Party Claims
Construction accident cases are rarely straightforward. Multiple contractors, subcontractors, property owners, and equipment suppliers may all share responsibility for a single injury. Pursuing accountability from each of them takes resources and persistence. Ward & Ward Personal Injury Lawyers brings both.
Donald W. Ward has practiced law in Indiana since 1954 and served as a Governor of the Association of Trial Lawyers of America, now known as the American Association for Justice. He received the organization’s Stalwart Award for 25 years of service and is a Fellow of the Indiana College of Trial Lawyers.
Charles P. Ward has been representing injured clients since 1989 and is listed in Who’s Who in America. He holds an AV Preeminent rating from Martindale-Hubbell and has received the Best Lawyers designation for Personal Injury Litigation on the plaintiff side. His case experience includes complex liability disputes involving multiple defendants and substantial damages.
Ward & Ward Personal Injury Lawyers has helped clients recover millions of dollars across a range of injury cases in Indianapolis and throughout Indiana. As personal injury attorneys in Indianapolis, IN, we represent injured workers and their families exclusively.
Construction Accident Case Overview
Damages, Liability, and Compensation for Construction Accident Cases
Construction injuries tend to be severe. Broken bones, spinal cord damage, traumatic brain injuries, crush injuries, amputations, and burns are all common outcomes of job site accidents. The costs of treatment and recovery often run into hundreds of thousands of dollars, particularly when long-term rehabilitation or permanent disability is involved.
In a third-party construction accident claim, you may recover economic damages, including full medical expenses, lost wages (both past and future), diminished earning capacity, and out-of-pocket costs. Non-economic damages cover pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In fatal construction accidents, surviving family members may pursue a wrongful death claim.
Identifying liable parties is a central challenge. General contractors typically owe a duty to maintain site safety. Subcontractors may be liable for hazards created by their own crew. Property owners who retain control over the premises can bear responsibility. And equipment manufacturers whose products fail can be held strictly liable under Indiana’s product liability statute, IC 34-20.
Important Aspects in Your Construction Accident Case
Certain steps taken early on can protect your rights and strengthen your third-party claim.
- Report the injury to your employer and file for workers’ compensation, but do not assume that is your only option. A third-party personal injury claim may entitle you to significantly greater compensation.
- Document the accident scene if possible. Photographs of the hazard, your injuries, and the surrounding conditions are valuable evidence. Construction sites change quickly, and the hazard that caused your injury may be corrected or concealed within hours.
- Obtain contact information for any witnesses, including coworkers, inspectors, and supervisors who were present at the time of the accident.
- Do not give a recorded statement to any insurance company without speaking to an attorney first. There may be multiple insurers involved, and each one is looking to shift responsibility elsewhere.
Construction Accident Case Timeline
Construction accident cases involving third-party claims generally take longer than straightforward workers’ compensation matters. Here is what you can expect.
- Medical treatment and stabilization. Your health comes first. Some construction injuries require months or years of treatment before a doctor can determine whether the impairment is permanent.
- Investigation. We review OSHA inspection reports, site safety logs, subcontractor agreements, equipment maintenance records, and any available photographic or video evidence from the job site. We retain accident reconstruction and engineering consultants when needed.
- Identifying liable parties. This is often the most critical step. We trace the chain of responsibility from the general contractor to subcontractors, equipment suppliers, and the property owner.
- Demand, litigation, and resolution. We prepare and present the claim for settlement negotiation. If a fair offer is not forthcoming, we file suit. Indiana’s statute of limitations gives you two years from the date of injury to file under IC 34-11-2-4.
What to Bring to Your Construction Accident Consultation
Arriving prepared for your initial meeting with an Indianapolis construction accident attorney allows us to move your case forward quickly.
- The accident report filed with your employer
- Medical records and bills connected to your injuries
- Photographs of the accident scene, your injuries, and any equipment involved
- Names of the general contractor, subcontractors, and property owner
- Contact information for witnesses
- Any OSHA inspection reports or safety citations related to the job site
We will review the circumstances, explain the difference between workers’ comp and a third-party claim, and tell you whether you have a case worth pursuing. There is no charge for this meeting.
Indiana Legal Resources for Construction Accidents
Indiana’s construction accident laws involve a combination of state civil law, federal workplace safety regulations, and workers’ compensation statutes.
- OSHA construction standards set the federal baseline for job site safety, including requirements for fall protection, hazard communication, electrical safety, and scaffolding.
- The Bureau of Labor Statistics publishes annual data on construction injuries and fatalities, including breakdowns by cause, occupation, and state.
- The Indiana General Assembly publishes Title 34 of the Indiana Code, covering civil law, product liability, and comparative fault.
- The Indiana Judicial Branch provides court procedures and filing information for Marion County and courts across Indiana.
- IC 34-11-2-4 establishes a two-year statute of limitations for personal injury. IC 34-51-2 governs Indiana’s comparative fault system, which bars recovery if the injured party is found more than 50 percent at fault.
Reach Out to Ward & Ward Personal Injury Lawyers to Schedule a Consultation
If you were injured on a construction site in Indianapolis, IN, Ward & Ward Personal Injury Lawyers can help you determine whether a third-party claim is available in addition to your workers’ compensation benefits. We offer free consultations and handle construction accident cases on a contingency basis. You pay nothing unless we recover compensation on your behalf. Contact our construction accident lawyers in Indianapolis today.